Call Us + 33 1 84 88 31 00

Article L661-1 of the French Commercial code

I.-The following are subject to appeal or cassation: 1° Decisions ruling on the opening of safeguard or receivership proceedings on the part of the debtor, the pursuing creditor and the public prosecutor; 2° Decisions ruling on the opening of compulsory liquidation proceedings on the part of the debtor, the pursuing creditor, the social and economic committee or, in companies with less than fifty employees, the members of its staff delegation…

Read More »

Article L661-2 of the French Commercial code

The decisions mentioned in 1° to 5° of I of Article L. 661-1, with the exception of 4°, are subject to third-party opposition. The judgement ruling on the third-party objection may be appealed and appealed to the Court of Cassation by the opposing third party.

Read More »

Article L661-3 of the French Commercial code

Decisions adopting or amending the safeguard or recovery plan or rejecting the resolution of this plan are subject to third-party opposition. The judgment ruling on the third-party objection is subject to appeal and to cassation by the third-party objector. Third-party objections may not be lodged against decisions rejecting the adoption or amendment of the safeguard or reorganisation plan or pronouncing the resolution of that plan.

Read More »

Article L661-6 of the French Commercial code

I.-The following may only be appealed by the public prosecutor: 1° Judgments or orders relating to the appointment or replacement of the administrator, the judicial representative, the commissioner for the implementation of the plan, the liquidator, the auditors, the expert(s); 2° Judgments ruling on the duration of the observation period, on the continuation or cessation of the business. II.-Judgments relating to the modification of the administrator’s mission may only be…

Read More »

Article L661-7 of the French Commercial code

Third-party proceedings or appeals to the Court of Cassation may not be brought against: 1° Decisions rendered pursuant to V of Article L. 626-30; 2° The judgments mentioned in Article L. 661-6 and the rulings handed down pursuant to I and II of the same article. An appeal in cassation is only open to the public prosecutor against rulings handed down pursuant to III, IV and V of Article L….

Read More »

Article L661-8 of the French Commercial code

Where the public prosecutor is required to be notified of safeguard, receivership or compulsory liquidation proceedings and of cases relating to the liability of corporate officers, an appeal in cassation for failure to notify is open to him alone.

Read More »

Article L661-9 of the French Commercial code

If the judgement is overturned requiring the case to be referred back to the court, the court of appeal may open a new observation period. This period is for a maximum of three months. In the event of an appeal against the judgment ruling on the judicial liquidation during the observation period or adopting or rejecting the safeguard plan or the judicial recovery plan and where provisional enforcement is halted,…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.